Goolawah Co-operative Limited v Kempsey Shire Council [2022] NSWLEC 1498

Goolawah Co-operative Limited v Kempsey Shire Council [2022] NSWLEC 1498

The appeal is upheld and the development consent is modified in accordance with the agreement reached by the parties at conciliation conference, as the Modification Application satisfies the relevant statutory prerequisites and no environmental or procedural obstacles remain.

Jurisdiction
Australia
Judgment Date
20 September 2022
Procedural Posture
Appeal (class 1) / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; modification of development consent granted
Legal Topics
['modification Application' 'roadworks Staging' 'rural Landsharing Communities' 'development Consent']
['planning and Environment Law'] ['modification Application' 'roadworks Staging' 'rural Landsharing Communities' 'development Consent']

Case Brief

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Procedural Posture

Appeal (class 1) / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the Modification Application meets the jurisdictional prerequisites for consent modification under s 4.55(1A) of the EPA Act' 'Whether the proposed modification involves substantially the same development as originally consented' 'Compliance with relevant environmental planning instruments and public interest']

Ratio Decidendi

The appeal is upheld and the development consent is modified in accordance with the agreement reached by the parties at conciliation conference, as the Modification Application satisfies the relevant statutory prerequisites and no environmental or procedural obstacles remain.

Court Disposition

Appeal upheld; modification of development consent granted

Orders

  • ['The appeal is upheld.' "Development consent T6-02-109 for a seventy-eight (78) lot rural landsharing community at 200 Illa Langi Road, Crescent Head NSW (Lot 1 in DP 1191860) and associated roadworks is modified in the terms set out in Annexure 'A'." "Development consent T6-02-109 for a seventy-eight (78) lot...